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HomeMy WebLinkAboutbocc.con.306.192017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item 10022100.531000 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative Rich Englehart County Representative Phone (970) 429-6135 Provide a brief description of the contract: Contract Value Summary: $ 19,900.00 $ - $ - $ 19,900.00 306.19 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No BITS Engagement and Consultation Services Jim English $- Additional Budget Line Item(s) (Please fully allocate New Contract Total) $- $- $- $- None Services/Maintenance 12/1/2019 3/01/2020 New Contract NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Administration BITS Phase 1 engagement, reporting, and consultation for current and potential business orientation and practices. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made September 26, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Jim English, 409 Westbank Road, Glenwood Springs, CO 81601 (hereinafter called the “Contractor”) to perform the following work: BITS Engagement and Consultation Services (“Project”). I. Term of Contract: The term of this Contract is from December 1, 2019 to March 1, 2020. II. Contractor’s Obligations. Contractor shall engage BITS and related business functions to analyze, report, and make recommendations on existing and potential business practices as detailed in the attached Scope of Services. Contract value is based on an estimate of One-Hundred and Forty (140) hours for Phase 1 plus an allowance for reimbursable expenses not to exceed One-Thousand Dollars ($1,000.00). Reimbursable allotment is based on the County’s standard travel and per diem schedule. III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of Nineteen-Thousand Nine-Hundred dollars and Zero cents ($19,900.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 2 reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Rich Englehart, Deputy County Manager will manage the project as the County’s Representative. In the event that Rich Englehart is not available, an authorized designee shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. Either party has the right to terminate this Contract, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. The services shall be in accordance with the prevailing standard(s) of practice normally exercised in the performance of Work of similar nature by persons of similar training and experience. Services shall be rendered based on Consultant’s best professional judgment, experience and training and shall be consistent with the law and established professional standards of practice. The Consultant does not guarantee any particular result and agrees to use and exercise his best profes sional judgment in conducting the Work. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 3 E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. The Contractor agrees to hold harmless the County from and against all liability, claims, demands and expenses, including court costs and attorney fees, on account of any injury, loss or damage, which arise out of or are in any manner connected with the Work to be performed under this Agreement, if such injury, loss or damage is caused by or is claimed to be caused by, the act, omission or other fault of the County. The obligations of this Section XI shall not extend to any injury, loss or damage, which is caused by the willful or wanton act or omission or violation by the County. XII. Insurance. Contractor shall not be required to procure and/or maintain insurance as a requirement to perform the Work as described herein and in the included Attachment(s). XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 4 a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 5 by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon recei pt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Rich Englehart 530 East Main Street Aspen, CO 81611 Email: rich.englehart@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Jim English 409 Westbank Road Glenwood Springs, CO 81601 Phone: (970) 309-3754 Email: englishjdavid@gmail.com XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 6 and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24- 76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Contract # 306.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 7 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. JIM ENGLISH ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Dec-03-2019 Rich Englehart Deputy County Manager Jim English Dec-04-2019 Jim English Pitkin County Business Information Technology Services (BITS) Assessment Revised Proposal 1. BITS overview assessment: a. Staff interviews (BITS/Telecom/contractors/key users/management) b. Analysis of existing service policies, procedures, and organizational structure c. Analysis of services currently provided by BITS d. County demands, both current and future, for BITS services e. Analysis of organizational concerns related to BITS’ internal charges tied to the organizational cost allocation method f. Analysis of Help Desk statistical reports g. Analysis of software systems h. Analysis of network and server hardware i. Pros and cons of moving the Telecommunication Division under BITS Department j. Analysis of action steps that would complement the planned succession program implementation k. Analysis of the Employers Council data as it relates to the Information Technology department l. Provide written findings, both positive and negative with recommendations m. Analysis of BITS levels of security protection i. Incident review ii. Review of network security architecture iii. Review of employee security training iv. Interview with BITS staff and security contractor (ProVelocity) Total Hours – 140, tentative review completion – Jan 31, 2020 2. Record Retention & Google to Microsoft 365 readiness: a. Analysis of the current record retention method process b. Evaluate current open records process c. Compare processes to industry best practices d. Evaluate Office 365 conversation plan e. Research best practices for conversation f. Provide written findings with recommendations Total Hours – 45, tentative review completion – Feb 28, 2020 Total project hours – 185 Hourly rate - $135 Total project cost $24,975.00 Once again, given my commitments to help with my aging father in New Mexico and teaching OCL, I would not be able to be on-site to conduct interviews until the week of December 9 and December 16, 17, and 18. On December 19, I head back to New Mexico to assist with my father, returning sometime between Christmas and the New Year. Certificate Of Completion Envelope Id: 734333BE14664FD18F756C86DBA3CEB1 Status: Completed Subject: Jim English | Pitkin County Contract 306.19 for Review and Signature Source Envelope: Document Pages: 10 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 12/3/2019 3:44:08 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Rich Englehart Rich.Englehart@PitkinCounty.com Deputy County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 12/3/2019 3:47:09 PM Viewed: 12/3/2019 3:53:00 PM Signed: 12/3/2019 3:53:11 PM Electronic Record and Signature Disclosure: Accepted: 6/13/2019 1:11:19 PM ID: 9e1c1f04-8bdf-4c85-aa77-fe0d5af72270 Company Name: Pitkin County, Colorado Jim English englishjdavid@gmail.com Jim English Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 159.118.184.24 Sent: 12/3/2019 3:53:15 PM Viewed: 12/4/2019 10:17:18 AM Signed: 12/4/2019 10:21:53 AM Electronic Record and Signature Disclosure: Accepted: 12/4/2019 10:17:18 AM ID: 18244cc0-8f19-4875-bda8-39d4d8d0c40f Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 12/4/2019 10:21:57 AM Resent: 12/4/2019 10:22:02 AM Viewed: 12/20/2019 2:49:33 PM Electronic Record and Signature Disclosure: Accepted: 6/21/2019 11:35:47 AM ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c Company Name: Pitkin County, Colorado Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 12/4/2019 10:21:59 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/4/2019 10:21:59 AM Certified Delivered Security Checked 12/4/2019 10:21:59 AM Signing Complete Security Checked 12/4/2019 10:21:59 AM Completed Security Checked 12/4/2019 10:21:59 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. 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Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM Parties agreed to: Rich Englehart, Jim English, Pitkin County Procurement Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. 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